The Private Landlord Registration (Fees) (Scotland) Regulations 2019

Document Number:2019 No. 160
 
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Scottish Statutory Instruments

Housing

Made

30 th April 2019

Laid before the Scottish Parliament

2 nd May 2019

Coming into force in accordance with regulation 1(1)

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 83(3) , 87(4) , 88(2 C) , 99 and 141(2) of the Antisocial Behaviour etc. Act 2004(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

  1. —(1) These Regulations may be cited as the Private Landlord Registration (Fees) (Scotland) Regulations 2019 and come into force at 0900 hours on 11 June 2019.

    (2) In these Regulations—

    “the 2004 Act” means the Antisocial Behaviour etc. (Scotland) Act 2004 ,

    “agent” means a person appointed to act for the registered person under section 88(1) of the 2004 Act”,

    “HMO licence” has the meaning given in section 124(2) of the Housing (Scotland) Act 2006(2) ,

    “internet-based application system” means the system known as the Scottish Landlord Register(3) , and

    “lead owner” means the person, where applicable, who is designated as such in the application for registration made under section 83(1) of the 2004 Act.

    Registration - how fees are to be arrived at

  2. The schedule prescribes the method of establishing the fee to accompany—

    (a) an application for registration under section 83(1) ,

    (b) a notice of a change to information under section 87(2) , or

    (c) a notice of appointment of an agent under section 88(2) ,

    of the 2004 Act.

    Applications made and notices given on or after 1 April 2020

  3. —(1) Subject to paragraph (2) , the fees payable in respect of applications made and notices given which are set out in paragraphs 1 and 2 of Part 1 of the schedule are to be varied with effect from 0900 hours on 1 April each year, beginning on 1 April 2020 , and are to be determined in accordance with paragraph (3).

    (2) Where 1 April in any year falls on a Saturday or Sunday, the fees are varied from 0900 hours on the Monday following 1 April.

    (3) The fee payable is to be determined in accordance with the formula—

    Explanation:

    Feei,t is the value of the fee i (where i refers to the principal, property, agent and late fee) to be applied in the financial year t.

    CPIy is the value of the Consumer Prices Index (All Items) for the calendar year y, where the calendar year y is the calendar year which precedes the financial year t.

    CPIy-1 is the value of the Consumer Prices Index (All Items) for the calendar year which precedes the calendar year y.

    Feei,t-1 is the value of the fee...

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